HomeMy WebLinkAbout990798.tiff 1'U LE ENERGY t n'F.IiATIN(i LIMITED
PARTNERSHIP
P O BOX 4666
HOUSTON, TX 77210-4666
(713) 993-5900
Date: 04/01/1999 Issued By: SMCCAT Division Order Contract Document No: 319632 Page 2 ul 2
We, the undersigned, and each of us, whether one or more, hereby declare, warrant and agree that we are the owners of all the oil and/ui
gas and associated production in the properties set out below:
Property Number: 5083079 Property Name: SOONER UNIT#13-16
Operator:DIVERSIFIED OPERATING CORP Field
Described as: SEC 16 TSN, R58W WELD COUNTY, COLORADO
DOI Number: 72545 SEC 16 TSN, R58W WELD COUNTY, COLORADO
Effective 7:00 a.m. 03/01/1999 the interest(s)shall be credited and paid as follows:
Owner No Site No Owner Name and Revenue Address Decimal Interest Interest Type
226336 1 WELD COUNTY COLORADO 0.00106400 RI
915 10TH STREET
GREELEY,CO 80631
The undersigned hereby confirm(s)and adopt(s)all of the covenants set forth in this instrument including, but not limited to, the
terms
and conditions set forth herein. We hereby authorize you to run said oil and gas and associated products, and, until further notice,
to
Owner Signature(s): Witnesses Sign ures: (There ust be wo ••
LD COUNTY COLO AD /J signatures to e c ow erigr ur ) 1�
ATTEST: /6 e K. Ha , Chair 04/12/99) ;.1��7 t
` c Io 861
Social Security Number or Federal Tax ID: gy; � u�,
84-6000813 Deputy Clerk to the oa f1''
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2686924 04/13/1999 04:34P Weld County CO
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WELD
STREETOLORADO
910TH IIIIIIIIIIHtlIIIDIIIIIIIIMIN
GREELEY,CO 80631 319632
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PARTNERSHIP
PO BOX 4666
HOUSTON, TX 77210-4666
J (713) 993-5900
Date: 04/01/1999 Issued By: SMCCAT Division Order Contract Document No:319632 Page I of 2
We,and each of us,whether one or more,declare and agree that you are not obligated to purchase all the oil produced from tie above described
property and that you are hereby authorized,until further notice,to receive from said property for purchase from us severally in the proportions
named,that part of such oil as you desire to purchase subject to the following conditions:
1. The oil purchased under the provisions of this division order shall become your property as soon as the same shall be taken into your custody
or delivered on your order to a connecting carrier.
2. Settlement for the oil purchased by you under the terms of this division order shall be based upon the price agreed upon between you and the
operator or marketer,as applicable,or,in the absence of such an agreed price,then on the basis of the prevailing price paid by you for oil of
the same gravity,grade and quality received In the same field on the same date,subject to payment of severance and/or production taxes and
the cost of treating the oil as necessary to render it merchantable.
3. In computing the amount of oil received,corrections shall be made for temperature at the time and place of delivery.Temperature deductions
or allowances shall be made on a basis of 60 degrees Fahrenheit temperature in accordance with the ASTM D 1250-80 Petroleum
Measurement Tables.The oil,when delivered to you or your agent,shall be merchantable and commercially free of impurities.Proper
deductions shall be made for any impurities.When it is necessary to treat the oil to render it merchantable,such treatment shall be at the
expense of the seller(s).
4. We,and each of us,agree to furnish you satisfactory evidence of title to the property and the oil and,in the event of our failure to do so,to
furnish to you a corporate indemnity bond or other security satisfactory to you before requiring payment for said oil and we further agree that
you may retain the purchase price of the oil without interest,until satisfactory evidence of title,bond or other security is furnished,as
above set forth.We,and each of us,further agree that in the event of any adverse claim,question or dispute at any time concerning the
title to such oil or any part thereof,or the title to all or any portion of the proceeds from the sale thereof,or the title to all or any
portion of the land or lease(s)from which such oil is produced,you may retain without interest the proceeds of all oil received,to the extent
of the interest involved in such adverse claim,question or dispute,until indemnity satisfactory to you has been furnished or,at your election,
until said claim,question or dispute as to ownership has been finally resolved and in the event any action or suit is filed in any court
concerning the title either to the real property above described or the oil produced therefrom in which any of the undersigned are
parties,written notice of the filing of said action shall be immediately furnished to you by the undersigned stating the court in which
such action has been filed and the title of such action or suit.
5. You are authorized to pay when required or permitted by any law,all taxes,fees and charges imposed by the federal or state government or
any political subdivision thereof,in respect to or which may be a lien upon said production or the proceeds therefrom,or the land or lease(s)
from which the production is obtained and to deduct from any amount accrued hereunder to the undersigned party's proportionate part of the
payment so made.
6. You are hereby relieved of any responsibility for determining when any of the interests herein shall increase,diminish,be extinguished or
revert to other parties as a result of any cause,condition,occurrence or contingency whatsoever and you are hereby authorized to continue to
remit,pursuant to the division of interest herein until you receive notice in writing to the contrary by mall addressed to you al your above
address in Houston,Texas.You shall be held harmless in the event said written notice is not received and are hereby relieved of any
responsibilty for any loss arising out of an overpayment or otherwise as a result of your not receiving said written notice.
7. In the event any interest listed herein is transferred or assigned in whole or in part,the transferor agrees to make such transfer,insofar as
your payments for oil are concerned,effective at 7:00 am.on the morning of the first day of a calendar month following proper notice.The
transferor is further obligated to promptly furnish you with a certified copy of the instrument effecting the transfer and agrees to execute your
regular form of transfer order reflecting such transfer or assignment.In the event of such transferor assignment,if you continue to
make payment for a lesser or reduced interest pursuant to this division order,all of the terms and provisions of this division order shall
apply to any such payments which you may make hereunder for any such lesser or reduced interest(even though such payments shall be
tor an interest which is less than the interest set forth herein).
8. You may discontinue purchasing oil produced from the above described property upon giving thirty(30)days prior notice to the person,firm
or corporation in charge of the operations for producing oil therefrom.We,and each of us,will give you thirty(30)days prior notice before
canceling or discontinuing any or all of the oil sales being made,or to be made,by each of us hereunder.Notwithstanding anything to the
contrary stated or implied above,no such cancellation or discontinuation of oil purchases/sales shall occur prior to the end of a calendar
month.
9. This agreement and division order may be signed in counterpart and shall become valid and binding on each owner named herein as soon as
signed by such owner,regardless of whether or not any of the other named owners have so signed,and shall be binding upon and inure to
the benefit of the heirs,successors in interest,legal representatives and assigns of each signatory hereof.
10.Where the tent"oil"is used herein,it is intended to include crude oil,distiilate ancllor condensate.
11.Each of the undersigned agrees to protect and indemnify you from,against and for any loss or expense which you may suffer,sustain or
become liable for by reason of your purchase,pursuant hereto,of the undersigned's stated interest in said oil,as herein set out,and the
payment therefor to the undersigned,regardless of how the same may arise.
12.If any portion or provision of this document should at any time fail,be declared illegal by a court of competent jurisdiction,or be rendered
unenforceable,this entire document shall not fail and all of the surviving terms and provisions of this document shall remain in full force and
effect,subject to the above stated cancellation and/or revocation rights held by you and the undersigned.
13.Special Provisions:
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m 2988924 04/13/1999 04.34P Weld Coun4y C
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O WELD COUNTY COLORADO
GREELEY CO880063f IIIIIIINIY@IIIIIIIIYIIIIIIIIIIIIIII 319632
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990798
EOTT ENERGY OPERATING LIMITED
PARTNERSHIP
P O BOX 4666
HOUSTON,TX 77210-4646' '_'l r
(713) 993-5900
Date: 04/01/1999 Issued By: SMCCAT Division Order Contract l pent No: 319836 Page 2 of 2
We,the undersigned,and each of us, whether one or more,hereby declare, warrant an.a iha[sve are the owners of all the oil and/or
gas and associated production in the properties set out below:
Property Number: 5083097 Property Name: SOONER UNIT#21-16-9
Operator:DIVERSIFIED OPERATING CORP Field
Described as: SEC 21 TBN, R58W WELD COUNTY, COLORADO
DOI Number: 72815 SEC 21 T8N,R58W WELD COUNTY,COLORADO
Effective 7:00 a.m. 03/01/1999 the interest(s)shall be credited and paid as follows:
Owner No Site No Owner Name and Revenue Address Decimal Interest Interest Type
226336 1 WELD COUNTY COLORADO 0.00106400 RI
915 10TH STREET
GREELEY,CO 80631
The undersigned hereby confirm(s)and adopt(s)all of the covenants set forth in this instrument including,but not limited to,the
terms
and conditions set forth herein.We hereby authorize you to run said oil and gas and associated products, and, until further notice,
to
Owner Signature(s): Witnesses Sign' ures: (There ust be wo witness
Vb@?b COUNTY COLO D signatures to e c ow -r ign r )
ATTEST: •
r (04/12/99)._. 'a
Dale K. all, h i
T�
Social Security Number or Federal Tax ID: itc
BY: D _ ?� _
84-6000813 Deputy Clerk to th vBo
11111111111111111 III 111111111111111111 III 11111 IIII IIII
2666925 04/13/1999 04:36P Weld County CO
1 of 2 R 0.00 D 0.00 JA Suki Tsukemoto
991510TH STREET OLORADO 1111111 diII11111III /111111111 II HI
GREELEY,CO 80631 319836
c1/, ' 7`7 SS
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C,L) EOTT ENERGY OPERATING LIMITED
-C) PARTNERSHIP
PO BOX 4666
HOUSTON,TX 77210-4666
(713) 993-5900
Date: 04/01/1999 Issued By: SMCCAT Division Order Contract Document No:319836 Page I of 2
We,and each of us,whether one or more,declare and agree that you are not obligated to purchase all the oil produced from the above described
property and that you are hereby authorized,until further notice,to receive from said property for purchase from us severally in the proportions
named,that part of such oil as you desire to purchase subject to the following conditions:
1. The oil purchased under the provisions of this division order shall become your property as soon as the same shall be taken into your custody
or delivered on your order to a connecting carrier.
2. Settlement for the oil purchased by you under the terms of this division order shall be based upon the price agreed upon between you and the
operator or marketer,as applicable,or,in the absence of such an agreed price,then on the basis of the prevailing price paid by you for oil of
the same gravity,grade and quality received in the same field on the same date,subject to payment of severance and/or production taxes and
the cost of treating the oil as necessary to render it merchantable.
3. In computing the amount of oil received,corrections shall be made for temperature at the time and place of delivery.Temperature deductions
or allowances shall be made on a basis of 60 degrees Fahrenheit temperature in accordance with the ASTM D 1250-80 Petroleum
Measurement Tables.The oil,when delivered to you or your agent,shall be merchantable and commercially free of impurities.Proper
deductions shall be made for any impurities.When it is necessary to treat the oil to render it merchantable,such treatment shall be at the
expense of the seller(s).
4. We,and each of us,agree to furnish you satisfactory evidence of title to the property and the oil and,in the event of our failure to do so,to
furnish to you a corporate indemnity bond or other security satisfactory to you before requiring payment for said oil and we further agree that
you may retain the purchase price of the oil without interest,until satisfactory evidence of title,bond or other security is furnished,as
above set forth.We,and each of us,further agree that in the event of any adverse claim,question or dispute at any time concerning the
title to such oil or any part thereof,or the title to all or any portion of the proceeds from the sale thereof,or the title to all or any
portion of the land or lease(s)from which such oil is produced,you may retain without interest the proceeds of all oil received,to the extent
of the interest involved in such adverse claim,question or dispute,until indemnity satisfactory to you has been furnished or,at your election,
until said claim,question or dispute as to ownership has been finally resolved and in the event any action or suit is filed in any court
concerning the title either to the real properly above described or the oil produced therefrom in which any of the undersigned are
parties,written notice of the filing of said action shall be immediately furnished to you by the undersigned stating the court in which
such action has been filed and the title of such action or suit.
5. You are authorized to pay when required or permitted by any law,all taxes,fees and charges imposed by the federal or state government or
any political subdivision thereof,in respect to or which may be a lien upon said production or the proceeds therefrom,or the land or lease(s)
from which the production is obtained and to deduct from any amount accrued hereunder to the undersigned party's proportionate part of the
payment so made.
6. You are hereby relieved of any responsibility for determining when any of the interests herein shall increase,diminish,be extinguished or
revert to other parties as a result of any cause,condition,occurrence or contingency whatsoever and you are hereby authorized to continue tc
remit,pursuant to the division of interest herein until you receive notice in writing to the contrary by mail addressed to you at your above
address in Houston,Texas.You shall be held harmless in the event said written notice is not received and are hereby relieved of any
responsibilty for any loss arising out of an overpayment or otherwise as a result of your not receiving said written notice.
7. In the event any interest listed herein is transferred or assigned in whole or in part,the transferor agrees to make such transfer,insofar as
your payments for oil are concerned,effective at 7:00 a.m.on the morning of the first day of a calendar month following proper notice.The
transferor is further obligated to promptly fumish you with a certified copy of the instrument effecting the transfer and agrees to execute your
regular form of transfer order reflecting such transferor assignment.In the event of such transfer or assignment,if you continue to
make payment for a lesser or reduced interest pursuant to this division order,all of the terms and provisions of this division order shall
apply to any such payments which you may make hereunder for any such lesser or reduced interest(even though such payments shall be
for an interest which is less than the interest set forth herein).
8. You may discontinue purchasing oil produced from the above described property upon giving thirty(30)days prior notice to the person,firm
or corporation in charge of the operations for producing oil therefrom.We,and each of us,will give you thirty(30)days prior notice before
canceling or discontinuing any or all of the oil sales being made,or to be made,by each of us hereunder.Notwithstanding anything to the
contrary stated or implied above,no such cancellation or discontinuation of oil purchases/sales shall occur prior to the end of a calendar
month.
9. This agreement and division order may be signed in counterpart and shall become valid and binding on each owner named herein as soon as
signed by such owner,regardless of whether or not any of the other named owners have so signed,and shall be binding upon and inure to
the benefit of the heirs,successors in interest,legal representatives and assigns of each signatory hereof.
10.Where the term"oil"is used herein,it is intended to include crude oil,disliilate and/or condensate.
11.Each of the undersigned agrees to protect and indemnify you from,against and for any loss or expense which you may suffer,sustain or
become liable for by reason of your purchase,pursuant hereto,of the undersigned's stated interest in said oil,as herein set out,and the
payment therefor to the undersigned,regardless of how the same may arise.
12.If any portion or provision of this document should at any time fail,be declared illegal by a court of competent jurisdiction,or be rendered
unenforceable,this entire document shall not fail and all of the surviving terms and provisions of this document shall remain in full force and
effect,subject to the above stated cancellation and/or revocation rights held by you and the undersigned.
13.Special Provisions:
CC
1111111 111111111111111111 Q11111 111111 111 11111 1111 IIII
2986926 04/13/1999 04:36P Weld County CO
= 2 of 2 R 0.00 0 0.00 JA Suit! Tsukamota
0 WELD COUNTY COLORADO
915 10TH STREET GREELEY,CO 80631 II'II'�I'l ll'II�I�III"IIII'�II IIII 319836
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EOTT ENERGY Operating Limited Partnership
P. O. BOX 4666
HOUSTON,TEXAS 77210-4666
DEAR INTEREST OWNER
EOTT Energy Operating Limited Partnership(EOTI) is purchasing crude oil production from the property described in the
attached division/transfer order. It is important that you read the division/transfer order carefully and confirm the decimal
interest and payment information before executing and returning one copy of the order to this office. One copy should be kept
for your records.To avoid any delay in payment,please follow the instructions outlined below.
SIGNATURE
Sign your name as shown on the division/transfer order. Two adult witnesses should also sign the division/transfer order.
Your spouse should also sign if the property is in Louisiana
CORPORATIONS
If signing for a corporation, the signature must be attested and the title of the signatory party shown. The name of the
signatory party should be typed below his/her signature.
ATTORNEYS-IN-FACT
If the division/transfer order is signed by an agent, attorney-in-fact, guardian, or any party other than the named interest
owner,please furnish documentation of the rights vested in the signatory party.
MAILING ADDRESS
Verify the address to which checks are to be mailed. Print or type. Do not abbreviate. If you are already receiving checks
from this company,be sure to use the same address to which we are now mailing checks.
CHANGE OF ADDRESS
Notify us immediately in writing of any change in your mailing address. This notice must include your own signature or the
signature of the appointed agent. Always include your owner number(which appears on your check from this company)and
your old address,then state your new address with zip code.
SOCIAL SECURITY OR FEDERAL ID NUMBER
Under the provisions of Public Law 98-67, Statute 369 of the Interest and Dividend Tax Compliance Act of 1983, backup
withholding of Federal Income Tax from payments to owners is required of payors when owners do not provide their
taxpayer identification number. To avoid the 31%withholding,please enter either your social security or federal identification
number in the space provided on the form beneath the signature space. If you are waiting for receipt of a taxpayer
identification number,indicate "applied for" in the space provided and forward the number to us within 60 days. If you are a
resident of a foreign country without a U.S.Tax identification number,please indicate that on the form
LOUISIANA ROYALTY OWNERS
To allow EOTT to begin making payments to you, please provide to EOTT a signed statement containing your name,
address, and taxpayer identification number, description of the property from which the oil and/or condensate are produced
and your fractional or decimal interest. Your execution and return to EOTT of the enclosed division order will also satisfy this
requirement.
Yours truly, SPECIAL INSTRUCTIONS:
Sophia cCatham
Sr.Division Order Analyst
Division Order Department
(713)993-5900
COUNTY ATTORNEY
STAFF APPROVAL
This is to affirm the attached
Division Order or Authorization to
Receive Payment for an Oil and
Gas Well has been reviewed by
the County Attorney's staff as to
form, legal description, and
percentage of royalties, if
applicable.
BY: G-1,— ;,
C my Attorney
1 �'
DATE: � � t I
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